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EU Freedom of Movement Rights

Discussion in 'Europe Wide Visa Discussions' started by Markham, Jan 28, 2016.

  1. Markham
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    Markham Guest

    The following statement appears on the Maltese Foreign Ministry website:

    "The right to free movement means that every EU citizen is entitled to travel freely around the Member States of the European Union, and settle anywhere within its territory. No special formalities are required to enter an EU country. This fundamental right extends to members of the EU citizen's family, and applies regardless of their situation or the reason for travel or residence."

    This would seem to say that a Filipina spouse married a British Citizen does not require any visa to enter and reside in a EU (Schengen) member state. Or am I missing something?
    Last edited by a moderator: Jan 28, 2016
  2. Aromulus
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    Aromulus The Don Staff Member

    If one is part of Schengen, I would presume it correct.
    But the UK opted out, so I reckon it follows a distinct, negotiated, set of immigration rules.. Sadly.
  3. Markham
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    Markham Guest

    I know that the UK opted-out of Schengen so the Maltese advice above wouldn't apply in the case of British citizens wanting to bring their Filipino spouses into the UK. But what about a British citizen seeking to move to another EU country with his Filipina spouse: the Malta "statement" seems to indicate that she would not need a visa but Spain, Portugal and Ireland demand them -- illegally??
  4. KeithAngel
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    KeithAngel 2063 Lifetime Member

    What the Directive says Mark is that European States are entitled to verify the status of those wishing to travel to the European Union and for visa Nationals travelling as family members with or to join their spouse must grant an entry visa apon production of the required documents , for free , and as part of an accelerated process.

    this is sometimes subverted by Embassy Staff , Government Departments et al especially the UK

    it is intended that airlines therefor only fly people not requiring a visa or those that have there confimation stamp already if however you were to approach a land border with Europe and can demonstrate your entitlement you should recieve leave to enter by means of an entry stamp

    Say Spain from Morroco
  5. KeithAngel
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    KeithAngel 2063 Lifetime Member

    The above does not include family members from the EU Nationals own state unless its National rules allow it so UK not Portugal yes
  6. KeithAngel
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    KeithAngel 2063 Lifetime Member

    Dont confuse Schengan with the Directive and free movement
  7. Markham
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    Markham Guest

    Were I to move to Malta, my wife and sons have to be issued with Schengen Visas which, says the Maltese Foreign Ministry, are free of cost. However, applications have to be made in person at VFS Manila whose website states that such a Visa for an adult costs P3,440 (plus P1460 VFS fee plus P1350 courier to/from the Maltese Embassy in Beijing). The same charges apply for a child aged 0 to 6 (and over 12) whilst a reduced fee of P1,820 (plus P1460 VFS fee plus P1350 courier) is made for children aged 6-12.
  8. KeithAngel
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    KeithAngel 2063 Lifetime Member

    VFS do (but really shouldnt) charge for there processing as agents I suppose however the Maltese are correct regarding the 0 fee couriers are like death and taxes bit suprised unless you are British by decent you havnt sorted the passports for your kids
  9. Markham
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    Markham Guest

    I'm not overly concerned by VFS' processing fee. It's the fact that VFS is charging for a Visa that, by Law, is free.

    The kids' passports are caught-up in the horrendously huge backlog at the Passport Office.
  10. Bootsonground
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    Bootsonground Guest

    We have just sent ours back for renewal...What a palaver!! They almost threw in a hoop that we couldn't jump through..British based credit cards ONLY!
  11. KeithAngel
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    KeithAngel 2063 Lifetime Member

    • Like Like x 1
    • Informative Informative x 1
  12. Markham
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    Markham Guest

    Thanks Keith but we're not intending to do a Surinder Singh. But we will be moving within the next 4 - 6 weeks.
  13. KeithAngel
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    KeithAngel 2063 Lifetime Member

    Thats not singh its all free movement if it is approved unamended It would have the effect of each host country deciding on entry conditions for non EU Spouses and a higher test to return under Singh
  14. Markham
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    Markham Guest

    You'll know more about this than I, Keith, but I suspect this maybe is being driven by certain nations who do not want non-European migrants who've been admitted into, say, Germany, using EU freedom of movement rights - which those migrants will have after 12 months. Usual suspects of eastern European countries with some behind-the-scenes support from Britain.
  15. KeithAngel
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    KeithAngel 2063 Lifetime Member

    No this is a British proposal who are not affected by schengan the effect if this is ratified as is would be that Malta (for example) could insist you apply under their national rules for your wife and kids only you as an EU would have a right under free movement to go there
  16. Markham
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    Markham Guest

    So the wicked witch is responsible; how unsurprising.
    • Agree Agree x 1
  17. AndyRam
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    AndyRam Banned

    What sort of timetable do you think we are looking at before this is amended?
  18. KeithAngel
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    KeithAngel 2063 Lifetime Member

  19. AndyRam
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    AndyRam Banned

    I see. After the vote. Which hopefully will be delayed to November...

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